AP817693 - Kmart Australia Ltd Award 2002
PART 7 – LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
20. ANNUAL LEAVE
20.1 Period of leave
20.1.1 A period of 152 hours (4 x 38 hour weeks) paid leave will be allowed annually to full-time employees, after twelve months continuous service.
20.1.2 Part-time employees shall be entitled to annual leave on a pro rata basis. Where the number of hours worked vary throughout the course of the year, entitlements to annual leave shall be calculated upon the average number of rostered hours worked during the year of accrual excluding additional hours worked pursuant to clause 10.3.5.
20.2 Annual leave shall become due each year on the anniversary date of the commencement of employment by the employee.
20.3 Time of taking leave
[20.3 substituted by PR968607 ppc 09Dec05]
The taking of annual leave will be by mutual agreement, within a period not exceeding twelve months from the date it becomes due, provided that, at the request of the employee annual leave may be carried forward for a maximum of two years from the date of entitlement. A period of four weeks notice shall apply for the taking of annual leave that has become due or accrued. Under no circumstances shall an employee forfeit their annual leave entitlement.
20.4 By mutual agreement annual leave may be taken in two or three separate periods, of not less than five days.
[20.4.1 varied by PR968607 ppc 09Dec05]
20.4.1 Notwithstanding the above provision annual leave may be taken in single days up to a maximum of 10 single days per year at the request of an employee.
20.4.2 Where there is no agreement annual leave shall be taken in one period of four weeks.
20.5 If the employee and Kmart agree, annual leave may be taken wholly or partly in advance before the employee has become entitled to the annual leave. Annual leave loading will not be paid until the annual leave is fully accrued.
20.6 Payment for period of leave
An employee before going on leave will be paid the amount of wages they would have received in respect of the period of annual leave plus a loading of 17.5% for up to 152 hours leave per anniversary year or pro rata for part-time employees.
20.7 Payment will not be made in lieu of annual leave.
20.8 Annual leave exclusive of public holidays
Where any public holiday for which the employee is entitled to payment under this award occurs during any period of annual leave taken by an employee under this clause, the period of the leave shall be increased by one day in respect of that public holiday.
20.9 Payment of annual leave on termination
20.9.1 Any accrued or pro rata annual leave entitlement will be paid upon termination of employment. The 17.5% loading referred to in clause 20.6 will apply to fully accrued leave on termination but does not apply to proportionate leave payable upon termination.
20.9.2 Where the employment of an employee is terminated before the employee has completed one year of employment, the sum paid to the employee will be 1/12th of the ordinary pay for that period of employment.
